Reso 4567 4-EXC-94
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4567
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A FENCE EXCEPTION TO ALLOW
A 5-FOOT FENCE WITHIN THE FRONT SETBACK OF AN EXISTING SINGLE-FAMILY RESIDENCE
�ECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for an exception to Chapter 16.28 of the
Municipal Code as described in this Resolution, and
WHEREAS, the applicant has demonstrated a compelling reason for granting the exception and has met the following findings subject
to the conditions contained herein:
A. That the literal enforcement of the provisions of this ordinance will result in restrictions inconsistent with the spirit and intent
of this ordinance; and
B. That the granting of an exception will not result in a condition which is materially detrimental to the public health, safety, or
welfare.
C. That the exception to be granted is based on the unique situation of the applicant's house relative to Kennedy Junior High
School, located directly across the street from 8115 Hyannisport Drive.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the request for a fence
exception is hereby recommended for approval; and
That the subconclusions upon which the findings specified in this Resolution are based on and contained in the Public Hearing record
concerning application 4-EXC-94 as set forth in the Minutes of the Planning Commission Meeting of October 24, 1994, and are
incorporated by reference herein.
SECTION II: PROJECT DESCRIPTION
Annlication 4-EXC-94 - Jeraldine K. Mitchell: Request for a fence exception to allow a 5-foot fence within the front setback of an
existing single family residence located at 8115 Hyannisport Drive, approximately 500 feet west of Bubb Road.
PASSED AND ADOPTED this 24th day of October, 1994 at a Regular Meeting of the Planning Commission of the City of Cupertino
by the following roll call vote:
AYES: COMMISSIONERS: Austin, Harris, Roberts and Chaurnan Mahoney
NOES: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Doyle
ATTEST: APPRO���:
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Robert Cowan Orrin Mahoney, Cha�nan
Community Development Directar Cupertino Planning ommission